The Determination Of The Crime Of Fund-raising Fraud

The crime of fund-raising fraud is one of the most serious crimes. This kind of financial crime brings about great economical losses as well as damages to the social order. This thesis is aimed to provide substantial help for judicial practice by discussing the identification of the fund-raising fraud.The thesis comprises seven parts.The preface illustrates the development of the legislation on the crime of fund-raising fraud and introduces the foreign legal provisions concerning the fraudulent fund-raising activities.Partâ… is about the identification of the crime object. The thesis introduces the judicial interpretation on the fraud means, the illegal fund-raising and the amount of the crime, which is formulated by the Supreme People's Court . The author does not fully agree on the interpretation and puts forward the following views. She asserts that the fraud activity as the crime constituent element should only contain two elements, which are the perpetrator using fraudulent methods and the victim delivering funds to the perpetrator. The target of the illegal fund-raising refers to not only the pubic but also the specific majority in given cases. As the constituent element of the crime, the amount of the crime should be the delivered amount.Partâ…¡deals with the subjective aspect which constitutes the crime. Firstly the thesis explains the "unlawful possession", which means the illegal possession. The author maintains that "for the purpose of illegal possession" could only reflect the direct intent, and refutes the view that the...